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Opinions Nov. 16, 2012

November 16, 2012
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Indiana Court of Appeals
Marybeth Lebo v. State of Indiana
46A05-1202-CR-104
Criminal. Affirms trial court’s judgment in denying motion to dismiss charges of failure to report child abuse or neglect. Lebo argued the charges were not permissible because they came after the statute of limitations had passed but the COA disagreed, finding the Legislature’s intent was to make the failure to report a continuing offense. Otherwise, the court stated, the duty to report would be limited to the day on which the individual comes to believe abuse is taking place.

The Marling Family Trust v. Allstate Ins. Company
49A02-1203-CT-186
Civil tort/trust. Reverses the trial court grant of summary judgment in favor of Allstate and remands to determine whether the loss is covered under an insurance policy. The trust purchased a house at sheriff’s sale after a foreclosure but had established an equitable lien in policy proceeds under an existing homeowner’s policy and therefore was entitled to receive funds from the policy in the event of an insured loss, the appellate court held.

Kohl's Indiana, L.P. and Kohl's Dept. Store, Inc. v. Dennis Owens, et al.
82A05-1203-PL-103
Civil plenary. Affirms trial court grant of summary judgment in favor of the Evansville-Vanderburgh County Area Plan Commission and the Board of Commissioners of Vanderburgh County, holding that neither body accepted a common obligation to complete the project to build a Kohl’s department store on the west side of Evansville, and that Kohl’s cannot recover on a theory implied in law because a contract with the Board of Commissioners required Kohl’s to complete public infrastructure improvements at its expense.

Sharmain J. Smith v. State of Indiana (NFP)
02A03-1204-CR-174
Criminal. Affirms conviction of illegal possession of a firearm by a serious violent felon.

Roosevelt D. Brooks v. State of Indiana (NFP)
48A02-1205-PC-375
Post-conviction relief. Affirms denial of post-conviction relief.

Mattie A. Tedrow and Mary L. Pierson v. Coyeville Belcher as Personal Rep. of the Estate of Everett D. Belcher, Jr.; and Lynn R. Belcher (NFP)
59A01-1204-EU-196
Estate/unsupervised. Affirms trial court decision to uphold the will of Tedrow and Belcher’s father.

William Emry v. State of Indiana (NFP)
27A03-1204-CR-274
Criminal. Affirms revocation of probation.

BCC Products, Inc. and Roger Brunette, Jr. v. Roger Brunette, Sr., and Pauline Brunette (NFP)
41A01-1201-CC-28
Collections. Affirms trial court decision in favor of defendants.

Albert Lindsey v. State of Indiana (NFP)
49A02-1204-CR-333
Criminal. Affirms conviction and enhancement of a count of trespassing from a Class A misdemeanor to a Class D felony.

Bernard Simmons v. State of Indiana (NFP)
45A04-1203-CR-104
Criminal. Affirms six-year sentence for Class C felony criminal confinement.

Jerry Kaiser, Jr. v. State of Indiana (NFP)
82A01-1203-CR-124
Criminal. Affirms convictions of Class B felony dealing methamphetamine and Class D felony possession of methamphetamine.

Michael Ramos v. Robertson's Apartments (NFP)
71A03-1203-SC-107
Small claims. Affirms trial court denial of request for appointment of guardian ad litem and request for damages in excess of the small claims jurisdictional maximum.

 

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  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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